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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1...
Reasons
1. Facts of recognition;
A. The Plaintiff, under employment by the Defendant, who is the representative of a political party called “C”, provided labor, such as operation of the website from March 13, 2014 to September 19, 2014.
B. The Defendant did not pay the Plaintiff KRW 5,534,90, the sum of KRW 1,451,60,600 out of the monthly wage for July 2014, KRW 2,50,000 for August 2014, and KRW 1,583,300 for September 2014.
C. On November 10, 2016, the Defendant was sentenced to a fine of one million won on the charge of a violation of the Labor Standards Act that the Plaintiff did not pay the said wages (Seoul Southern District Court 2015Ma1286), and the above case is pending in the appellate court (Seoul Southern District Court 2016No2407).
[Ground of recognition] Facts without dispute, entry of Gap evidence 1, purport of whole pleadings
2. The assertion and judgment
A. According to the above facts finding as to the cause of the claim, the Defendant is obligated to pay the Plaintiff the unpaid wages of KRW 5,534,900 and damages for delay at the rate of 20% per annum from October 4, 2014 to the date of full payment, which is the day following the 14th day after the Plaintiff’s retirement date.
B. As to the judgment on the Defendant’s assertion, the Defendant asserts to the purport that there is no wage that the Defendant shall pay to the Plaintiff, since the Plaintiff was employed by the actual representative of D from March 13, 2014 to May 31, 2014, and provided labor to the above E, the Plaintiff during the above period’s wage is claimed to E, and the Defendant paid all wages for the period from June 1, 2014 to September 19, 2014, which was employed by the Defendant.
As seen earlier, the Defendant did not pay wages from July 2014 to September 2014. Therefore, the Defendant’s prior assertion on a different premise cannot be accepted.
3. In conclusion, the plaintiff's claim of this case is reasonable, and the judgment of the court of first instance is just, and the defendant's appeal is justified.